Tuesday September 9 Ag News

Congressman Terry Continues Fight to Halt EPA’s Overreach over Nebraska

U.S. Representative Lee Terry (R-NE) made the following statement on the House floor today during debate on the Waters of the United States Regulatory Overreach Act (H.R. 5078) which passed by a vote of 262-152:

“If this rule were to go forward two things would assuredly occur; one, less clarity of what waters are jurisdictionally under the Clean Water Act for our farmers and ranchers and more overreach of jurisdiction by the EPA. This rule joins a long list of initiatives undertaken by the Agency which would increase the regulatory burden on Nebraska farmers, ranchers, businesses and every day citizens.

“In my state multiple organizations banded together to fight this rule. The group calls itself Common Sense Nebraska Coalition. It includes folks that you would expect—farmers, ranchers—but what is interesting is many others have heard about this and joined the fight including Nebraska Chamber of Commerce, Nebraska Bankers Association, county officials, resource districts, the Water Resources Association, homebuilders, general contractors, and the Rural Electric Association have all joined this cause because of its uncertainty and massive jurisdiction under the EPA.

“Now my state supports this bill and I stand proudly with them.”

Legislative Background:
H.R. 5078 preserves existing rights and responsibilities under the Clean Water Act and prevents the EPA from finalizing and implementing a rule published in the Federal Register on April 21 that would expand the federal jurisdiction of waters protected under that legislation.



Smith Votes to Prevent EPA’s ‘Waters of the US’ Rule

Congressman Adrian Smith (R-NE) today voted in favor of H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act.  This legislation would prevent the Environmental Protection Agency (EPA) and Army Corps of Engineers from finalizing a rule which would expand federal authority to include virtually all water flows, including on private land.  The agencies are once again attempting to broaden their regulatory authority without Congressional consent.

“This attempt to regulate all waters in the U.S. is not only a clear overreach of authority, but also an additional burden to Nebraska landowners, local officials, and water managers,” said Congressman Smith.  “The legislation passed today by the House is an important step to prevent the Waters of the US rule from moving forward, require federal entities to consult state and local authorities, and rein in yet another abuse by the federal government.”

The bill passed the House of Representatives with bipartisan support.  Smith previously joined with 230 of his colleagues in writing to the EPA opposed to the rule as part of his Regulation Rewind program.



House Votes to Protect Private Property Rights, Halting EPA and Army Corps’ Land Grab

Today, the House of Representatives passed HR 5078 Waters of the United States Regulatory Overreach Protection Act of 2014 in an attempt to halt the Environmental Protection Agency and the U.S. Army Corps of Engineers’ proposed “Waters of the United States” rule. The National Cattlemen’s Beef Association and the Public Lands Council applaud the efforts of Rep. Southerland (R-Fla.) to block what is described as the largest federal land grab to date.

“As a small business owner and [part of] a family that is also in the timber business, I understand regulatory creep and what we have seen through the EPA and the Corps of Engineers is the very definition of regulatory creep,” said Rep. Southerland. “The old rule was adjacent wetlands to navigable waters. Now it’s all waters adjacent to wetlands, adjacent to navigable waters. This really facilitates a capture of private property using the Clean Water Act and this onerous authority as a tool for imminent domain.”

Under current regulation, states have primary responsibility for regulating waters within their boundaries and twice the Unites States Supreme Court has reaffirmed this authority. The proposed rule strips this balance and expands federal jurisdiction to nearly every water in the country, including ditches, puddles and ponds. Southerland’s bill, which prevents EPA and Corps from finalizing, implementing, adopting or enforcing the proposed rule, has the bipartisan support of 120 co-sponsors.

Ashley McDonald, NCBA environmental counsel, said just as importantly to farmers and ranchers, this bill invalidates the interpretative rule which was published alongside the “Waters of the United States” proposal in an attempt to clarify the “normal farming, silviculture and ranching activities” exemptions under Sec. 404 of the Clean Water Act.

“The interpretive rule actually narrows the scope of what is considered normal farming and ranching practices,” said McDonald. “Practices such as building a fence or grazing cattle have previously never needed a permit. However, without approval of the Natural Resource Conversation Service, producers could face up to $37,500 in fines, per day. This is far from Congressional intent and puts farmers and ranchers livelihoods in jeopardy.”

NCBA and PLC strongly encourage the Senate to take up this bill and protect the rights of private property owners across the country.



NPPC Helps Pass Bill To Stop Harmful, Costly Rule
The U.S. House today voted 262-152 to approve legislation that would prevent the development and implementation of a regulation expanding the scope of the federal Clean Water Act (CWA) to cover most of the country’s water bodies, ditches and gullies, a rule that would be particularly detrimental to agriculture. The National Pork Producers Council hailed the bill’s passage and will be urging the Senate to take similar action.

“NPPC is grateful that the House overwhelmingly approved legislation to stop this regulatory overreach,” said NPPC President Howard Hill, a pork producer from Cambridge, Iowa. “We need the Senate to follow the House’s lead and vote to protect America’s farmers.”

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers in April issued a proposed rule intended to clarify their authority under the CWA over various waters. Currently, that jurisdiction – based on several U.S. Supreme Court decisions – includes “navigable” waters and waters with a significant hydrologic connection to navigable waters. The proposed “Waters of the United States” (WOTUS) rule would broaden that to include, among other water bodies, intermittent and ephemeral streams such as the kind farmers use for drainage and irrigation. It also would encompass lands adjacent to such waters.

NPPC, along with other agricultural organizations, last week released online maps, utilizing the same federal data that EPA uses to implement the CWA, to help the public better understand the scope of the agencies’ proposal. [Click here to view the maps.]

The House bill, the “WOTUS Regulatory Overreach Protection Act,” sponsored by Rep. Steve Southerland, R-Fla., would prohibit EPA and the Corps of Engineers from “developing, finalizing, adopting, implementing, applying, administering, or enforcing” the WOTUS rule and any associated guidance attempting to clarify the scope of the clean water law. The legislation also would block a companion interpretive rule, which enumerates agricultural practices that would be exempt from the WOTUS rule.

“The expanded coverage resulting from the proposed rule, which likely would negate the agricultural exemptions, could force most farmers to apply for Clean Water Act discharge permits,” said NPPC’s Hill, “and permits likely would be needed for a host of traditional farming practices such as application of pesticides and fertilizer. This rule would hand activist groups a tool they could use to file lawsuits to force farmers to obtain permits merely for planting seeds.

“NPPC wants EPA to rescind its agricultural exemptions rule immediately and to either withdraw the WOTUS rule or work with agriculture to make changes in the proposal that reflect real on-farm conditions, then reopen the rule for public comment,” Hill said.

The House legislation would require EPA and the Corps of Engineers to write with state and local officials a proposed rule based on consensus recommendations, which would be subject to public review.

In a letter sent yesterday to members of the House, NPPC, 25 state pork associations and dozens of other agricultural groups urged lawmakers to vote in favor of the Southerland bill.  NPPC also signed on to a similar letter to House lawmakers that included national agricultural organizations and business associations.



RISK OF TOXINS IN HAIL-DAMAGED CROPS
Bruce Anderson, UNL Extension Forage Specialist

I received a call the other day asking about hazards from feeding silage made out of hail-damaged corn that had lots of mold.  Is this a problem?

Silage is an excellent choice for salvaging hail-damaged crops like corn, milo, and even soybeans.  But hail-damaged crops often get some molds on them, and some of these molds can produce mycotoxins, such as aflatoxin or vomatoxin.

But quite frankly, it is very unlikely that micotoxins will be a serious problem at all in our area.  It takes just the right conditions in terms of plant damage, corn moisture content, temperature, humidity, and infection by the fungus to produce the micotoxin.  Still, it can happen.

Now, it’s not totally clear what affect silage fermentation has on various micotoxins if they happen to be present when the crop is chopped.  It appears that fermentation does not neutralize or destroy most micotoxins.  But, micotoxin concentration will be diluted because of all the stem and leaf material mixed with the grain in silage.  And, ruminant livestock that eat silage generally have a high tolerance for micotoxins.

I’m more concerned about potential nitrate levels in some of our silage made from hail or drought damaged crops.  Ensiling does reduce nitrate dangers some, but we never can predict by how much.  For that reason, I suggest you test any silage made from questionable feeds for nitrates before you feed that silage as a major part of your ration.

You probably won’t have any problems at all from toxins in your silage.  But it does pay to be cautious, test for nitrates, and feed unusual silages carefully.



U.S. Ag Centers ready for National Farm Safety and Health Week
The 10 U.S. Agricultural Centers funded by the National Institute for Occupational Safety and Health (NIOSH) urge everyone involved in agriculture to recognize National Farm Safety and Health Week (September 21-27) and promote awareness of safety solutions year round.

The 2014 safety week theme is, “Safety Counts: Protecting what Matters.” The U.S. Agricultural Centers address that theme with their special regional and collective expertise.

“The theme underscores the importance of us all working together to build a safer and healthier agricultural work place,” said Scott Heiberger, U.S. Ag Centers spokesman.

A great starting point for tapping into the Centers’ resources is their YouTube channel, www.youtube.com/USagCenters. The channel features more than 40 videos available for Extension agents/educators, agricultural science teachers, producers/owner/operators, first responders and agricultural families.

NIOSH, within the Centers for Disease Control and Prevention (CDC), funds nine regional Centers for Agricultural Disease and Injury Research, Education, and Prevention and one National Center to address children’s farm safety. The Centers are distributed throughout the nation to be responsive to the agricultural safety and health issues unique to particular areas.

Links to indiviudal Centers can be found at http://www.cdc.gov/niosh/oep/agctrhom.html.

The Ag Centers were established by Congress in 1990 in response to evidence that agricultural workers were suffering substantially higher rates of occupational injury and illness than other U.S. workers.

These Centers, part of the NIOSH Agriculture, Forestry and Fishing program, represent the only substantive federal effort to meet the obligation to ensure safe working conditions for workers in one of our nation’s largest and most vital production sectors. Nearly 80 percent of agriculture, forestry and fishing operators employ fewer than 10 workers, and most rely on family members and/or immigrant, part-time, contract and seasonal labor. Thus, many of these workers are excluded from labor protections, including many enforced by the Occupational Safety and Health Administration (OSHA).

“These Ag Center resources can be especially relevant during harvest season, as farmers are putting in long hours under the stress of weather delays, equipment breakdowns, and high operating costs,” Heiberger said.

For more information on National Farm Safety and Health Week, and safety resources, visit the website of the National Education Center for Agricultural Safety, http://www.necasag.org/.



CWT Assists with 12.5 Million Pounds of Cheese and Whole Milk Powder Export Sales

Cooperatives Working Together (CWT) has accepted 8 requests for export assistance from Dairy Farmers of America, Northwest Dairy Association (Darigold) and Tillamook County Creamery Association to sell 1.210 million pounds (549 metric tons) of Cheddar and Gouda cheese and 11.255 million pounds (5,105 metric tons) of whole milk powder to customers in Asia, the Middle East, North Africa, and South America. The product will be delivered September 2014 through March 2015.

Year-to-date, CWT has assisted member cooperatives in selling 85.511 million pounds of cheese, 48.188 million pounds of butter and 31.748 million pounds of whole milk powder to 43 countries on six continents. These sales are the equivalent of 2.105 billion pounds of milk on a milkfat basis.

Assisting CWT members through the Export Assistance program, in the long-term, helps member cooperatives gain and maintain market share, thus expanding the demand for U.S. dairy products and the U.S. farm milk that produces them in the rapidly growing world dairy markets. This, in turn, positively impacts U.S. dairy farmers by strengthening and maintaining the value of dairy products that directly impact their milk price.



USDA: Farm Debt Ratio Remains at 40 Year Lows

The rate of growth in farm assets, debt, and equity is forecast to moderate in 2014, the result of an expected decline in net farm income, higher borrowing costs, and moderation in the growth of farmland values.

The value of farm assets is expected to rise 2.3 percent in 2014, while farm sector debt is expected to increase 2.7 percent, reports the U.S. Department of Agriculture.

Even with the expected slowdown in asset growth, the sector's financial position remains strong due to the historically low level of debt relative to assets and equity.

The sector continues to be well-insulated from the risks associated with commodity production (such as adverse weather), changing macroeconomic conditions in the United States and abroad, as well as fluctuations in farm asset values that may occur due to changing demand for agricultural assets.



Thune Introduces STB Reform Bill to Improve Rail Service
U.S. Senator John Thune (R-South Dakota), ranking member of the Senate Committee on Commerce, Science, and Transportation, Monday introduced legislation, the STB Reauthorization Act of 2014 (S. 2777), along with Commerce Committee Chairman John D. Rockefeller IV (D-West Virginia) to increase efficiency of the Surface Transportation Board (STB) by changing internal processes and increasing timeliness of STB decisions to improve U.S. rail service.

"While the Surface Transportation Board has made good faith efforts to address concerns of freight shippers and railroads, the current inefficiencies in the STB's operations are symptomatic of the need for common-sense reform," said Thune. "The modest bill that Chairman Rockefeller and I are introducing addresses many of the key inefficiencies and time delays I hear about from shippers by reforming the case review process. With additional reforms, the STB can better assist shippers and railroads alike, helping to ensure rail service problems are addressed in a balanced and timely manner."

Thune and Rockefeller's bill would allow board members to work together in a more streamlined approach, while also making it easier for railroads and shippers to discuss important issues with multiple board members at once. Their bill would expand the STB board membership from three to five members, eliminate the holdover limitation, and allow for limited board meetings without initial public meeting notice, but with later public disclosure. The bill would also allow the board to initiate some investigations, not just respond to complaints, and would require the STB to establish a database of complaints and prepare quarterly reports on them.

Thune and Rockefeller's bill would also change the case review process by requiring the board to establish timelines for stand-alone rate cases and a report on rate case methodology. The bill would also require a proceeding on the impact of contract bundling on shippers and would codify an arbitration process for certain rate disputes and carrier complaints.

The STB reform bill would expand on the work Thune has done with the STB since the beginning of the year to hold railroads accountable for the backlog of grain orders in South Dakota. Thune has worked with the STB, as well as senior leadership of Canadian Pacific Railway and Burlington Northern Santa Fe Railroad, to address service issues that South Dakota shippers have raised. From letters, to meetings, to hearings, Thune continues to reiterate how South Dakota's shippers are impacted by the shortage of rail cars and delivery delays.

Thune serves on both the Commerce, Science, and Transportation Committee which has jurisdiction over our nation's freight and passenger railroads, as well as the Senate Agriculture Committee. In addition, Thune previously served as State Railroad Director under former Governor George S. Mickelson from 1991-1993.



U.S. Farm Equipment Exports Drop 27%

U.S. agricultural equipment exports dropped 27 percent during the first half of 2014 compared to midyear 2013; $4.77 billion in exports were shipped to global markets compared to $6.53 billion at first-half 2013, according to the Association of Equipment Manufacturers. The AEM off-road equipment manufacturing trade group produces global trends reports using U.S. Commerce Dept. information to assist members' business planning.

All world regions experienced declines, from South America with a drop of 8 percent to Asia, with a 35.7-percent decrease in purchases of U.S.-made agricultural machinery.

At midyear 2014, exports of agricultural machinery to Europe declined 26.9 percent compared to first-half 2013, for a total $1.21 billion, and exports to Canada dropped 34.3 percent to total $1.55 billion.

Exports to Asia declined 35.7 percent to $420.7 million for the first half of 2014. Mid-year exports to Central America decreased 12.5 percent to $528 million, and exports to South America declined 8 percent to $528.5 million.

Australia/Oceania's agricultural equipment export purchases dropped 22 percent for a total $360.9 million, and Africa took delivery of $168.7 million worth of agricultural equipment, a 23.4-percent decrease.

The top countries buying U.S.-made agricultural machinery for the first half of 2014 were: (1) Canada - $1.55 billion, down 34.3 percent; (2) Mexico - $442.6 million, down 15.1 percent; (3) Australia - $321.9 million, down 24.9 percent; (4) Brazil - $230.1 million, down 11.9 percent; (5) China - $208.5 million, down 27.8 percent.